Minutes 06-06-9414INUTE$ OF THE SPECIAL CITY COI~ISSION WORKSHOP 14EETING HELD
IN COI4HISSION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
OH HONDAY, ,JUNE 6, 1994, AT 6:00 P, H,
PRESENT
Lynne Matson, Vice Mayor
Matt Bradley, Mayor Pro Tem
Jose Aguila, Commissioner
David Katz, Commissioner
Carrie Parker, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
CALL TO ORDER
Vice Mayor Matson called the meeting to order at 7:06 P. M. to commence review
of the Boynton Beach Code of Ordinances.
CITY ATTORNEY OVERVIEW AND CITY COI~IISSION TO ESTABLISH SCHEDULE AND PROCEDURE
FOR REVIEW
As City Attorney Cherof understood it, the Commission's intent is to modernize
the Code, make it user friendly, and eliminate all unnecessary language and
detail in order to make it easier for the Commission and public to find what
they are looking for and to make it easier to carry around.
He asked the Commission if they want the changes to be driven from them and fine
tuned by administration, or if they want the changes to be driven by the people
in the departments who use the Code on a daily basis. The people in the depart-
ments know where they have trouble with the Code while reading it, implementing
it, reviewing it, or reconciling it. City Attorney Cherof stated that many sec-
tions of the Code inhibit staff and the public because the Code is convoluted or
contradictory. He felt the people in the departments have a better under-
standing of the day to day practical implication of the Code than he does. He
said it is very easy for him to interpret the language, but implementing it is
completely different. He suggested the origin of the changes come from the pro-
fessional staff who work with the Code on a daily basis as opposed to the
changes being driven from a legislative point of view.
Mayor Pro Tem Bradley felt it was critical to obtain the input from the people
who use the Code book on a daily basis, but he wondered if the two processes
could be merged. He liked the idea of making the Code book user friendly and
easier to carry around.
For years Commissioner Aguila has felt the Code book needs to be reviewed from
cover to cover. He agreed that those who use it and the Departments that imple-
ment it should be involved in this process. However, he would like staff's
thoughts, comments and opinions to come through the City Manager's Office.
Commissioner Aguila wanted to get the ball rolling and make sure it keeps
rolling.
Commissioner Katz felt it would be ideal to make the Code book user friendly.
I the in it is there to protect the City, and
However,
he
felt
a
lot
of
"legalese"
he was wary of deleting any of it. He agreed that the Commission should obtain
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HINUTES - SPECIAL CITY COHHISSION WORKSHOP #EETING
BOYNTON BEACH, FLORIDA
JUNE 6, 1994
input from the department heads, their assistants, and the people who use the
Code book on a daily basis.
Three years ago, with the cooperation of the Commission at that time, Vice Mayor
Matson started an Administration Code Revision Committee. She understands they
had quite a few meetings and came up with some very good Code revisions. The
Commission has not seen these revisions. City Manager Parker has not seen them
either. Vice Mayor Matson felt the City Commission should be the facilitators
and try to make it happen again. She believed the department heads should give
their input first and then the City Attorney should review it.
Commissioner Katz agreed that the Code should be reviewed by the departments.
However, he felt that the City Commission should try to address issues as they
come before them.
Vice Mayor Matson did not want this project or any other issue falling through
the cracks. She stated that she and City Manager Parker have briefly discussed
having department heads, including the paralegal, attend City Commission
meetings and being responsible for what comes up at those meetings so that
nothing falls through the cracks.
In response to City Attorney Cherof, it was the consensus of the Commission that
this process is limited to the Code of Ordinances, and not the Charter.
DISCUSSION OF HUNICIPAL CODE CORPORATION OPTIONS FOR CODIFICATION AND REVIEW
City Attorney Cherof stated that the Municipal Code Corporation sees codes from
many cities throughout the State. He referred to their June 6, 1994 proposal to
analyze our Code before we start reviewing it to help us get a more global view
of what kind of changes we want to make.
City Manger Parker circulated a Deerfield Beach City Code book done by the
Municipal Code Corporation. It was in a larger format than Boynton Beach's.
Russ Marchner is the South Florida representative for Municipal Code
Corporation, which is located in Tallahassee. He stated that the Municipal Code
Corporation has done the City of Boynton Beach's Code book for many years. The
present model is 1981. It has been supplemented fifty-eight times.
Mr. Marchner advised that the Municipal Code Corporation has abandoned the
smaller book because it gets to be quite cumbersome to carry around. He stated
that it is easier to carry an eight and a half by eleven book. He stated that
the Municipal Code Corporation will be glad to analyze the Code. He agreed that
the input should come from the departments and brought to the Municipal Code
Corporation for final suggestions. The Municipal Code Corporation will try to
merge it and do away with any conflicts within the Code as they concern the new
State or Federal Statutes that might preempt what is already in the Code or what
is proposed to be put into the Code.
City Manager Parker advised that it will not cost more than $1,875.00 for the
Municipal Code Corporation to review the Codes for conflicts with State or
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HINUTE$ - SPECIAL CITY COI~ISSION WORKSHOP HEETING
BOYNTON BEACH, FLORIDA
JUNE 6, 1994
Federal legislation. Vice Mayor Matson pointed out that City Attorney Cherof
can review the Codes for conflicts. City Manager Parker stated that some of the
Codes are quite old and City Attorney Cherof usually only reviews the ordinances
for conflicts as the City presents them to him.
Mr. Marchner pointed out that attorneys are specialists and that there are many
different segments of law. The Municipal Code Corporation has thirteen attor-
neys on staff in Tallahassee. All they do is analyze codes and try to pick up
inconsistencies. It only takes them about thirty days to do it because they are
experts at it. Therefore, it is cheaper for them to do it than for the City
Attorney to do it. He pointed out that the Dade and Broward County City
Attorneys have been working on their Codes for eighteen months now.
Commissioner Aguila stated that City Attorney Cherof has the benefit of a number
of attorneys in his organization who have experience with many municipalities.
He also stated that this is part of City Attorney Cherof's normal every day
duties, so there would be no additional expense to the City. He realized that
it would take City Attorney Cherof longer to review the Code. However, he was
not in a hurry to have it done, just as long as the momentum continues to go
forward. Commissioner Aguila pointed out that staff needs time to review the
Codes also. Lastly, he was not ready to discuss reformatting of the Code until
it is analyzed.
At the request of Commissioner Aguila, City Manager Parker will set up a pro-
posed schedule to review the Code and present it at the June 21, 1994 City
Commission meeting.
Vice Mayor Matson pointed out that City Attorney Cherof has already gone through
Chapter 1. She suggested the Commission review his recommendations. In City
Attorney Cherof's June 3, 1994 memorandum, he recommended the following:
1-1 No recommended change
1-2 Include definition for Employee
Include definition for Agent
1-3 No recommended change
1-4 Delete in its entirety
1-5 No recommended change
1-6 Move to separate Code section
1-7 Move to separate Code section
1-8 No recommended change
1-9 No recommended change
1-10 No recommended change
Since Monday, July 4, 1994, is a holiday, the next special workshop meeting on
this topic was scheduled for Tuesday, June 28, 1994, at 6:00 P. M.
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HINUTE$ - SPECIAL CITY COHHI$SIOH WORKSHOP HEETING
BOYNTOH BEACH, FLORIDA
JUNE 6, 1994
AD~OURNHENT
There being no further business to come before the City Commission, the meeting
properly adjourned at 7:33 P. M.
THE CITY OF BOYNTON BEACH
Mayor
ATTEST:
City~lerk
Record~ ng Secretary
(One Tape)
Vice Mayor
[~y/~ ~l~"' Commissioner
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